UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

### SEP 2 9 Mr. Andrew M. Kenefick SeniorLegal Counsel CERTIFIED MAIL NO. 70@6 2150 0001 4941 RETURN RECEIPT REQUESTED 1973 Waste Management IN REPLY: AIR-5 Western Group Legal Department 801 2nd Avenue, Suite 614 Seattle, W A 98104 RE: Consent Agreement and Final Order Issued to Waste Management ofHawaii, Inc. and County ofHawaii DearMr. Kenefick: Enclosed is a copy ofthe Compliance Agreement and Final Order ("CAPO") that commences and concludes the administrative enforcement case, In the Matter ofWaste Management ofHawaii, Inc. and County ofHawaii. The CAFO resolves testing and reporting violations ofthe federal landfill regulations at c.F.R. Part 60, Subpart WWW, §§ 60.750-60.759. Pursuant to the terms ofthe CAFO, Respondents must pay a civil penalty of $134,000 and implement a Supplemental Environmental Project ("SEP") that will address subsurface combustion problems at the Kailua-Kona landfill. The expenditure for the SEP is no less than $184,400. Ifyou wish to discuss this CAFO, please contact Brian Riedel ofthe Office ofRegional Counsel at (415) 972-3924. Thank you for your cooperation in this matter. Sincerely,

Deborah Jordan Director, Air Division

Enclosure

cc: County ofHawaii

Printed on Recycled PaperUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901**S~F!** 

### 2 9 Mr. 

### Ivan Torigoe, Esq. County ofHawai'i Office ofthe Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720 RE: Consent Agreement and Final OrderIssued to Waste Management ofHawaii, Inc. and County ofHawaii Dear Mr. 

### Kenefick: Enclosed is a copy ofthe Compliance Agreement and Final Order ("CAPO") that commences and concludes the administrative enforcement case, In 

### the Matter ofWaste Management ofHawaii, Inc. and County ofHawaii. The CAPO resolves testing and reporting violations ofthe federal landfill regulations at c.F.R. 

### Part 60, SubpartWWW, §§ 

### 60.750-60.759. Pursuant to the terms ofthe CAFO, Respondents must pay a civil penalty of $134,000 and implement a Supplemental Environmental Project ("SEP") that will address subsurface combustion problems at the Kailua-Kona landfill. The expenditure for the SEP is no less than $184,400. Ifyou wish to discuss this CAFO, please contact Brian Riedel ofthe Office ofRegional Counsel at (415) 972-3924. Thank you for your cooperation in this matter. Sincerely, 

# {JI(

.**l0aJd/lf~** Deborah Jordan Director, AirDivision

Enclosure

cc: Waste Management ofHawaii, Inc. Hawaii Department ofHealth, Clean Air Branch

Printed on Recycled PaperUNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 75 Hawthorne Street San Francisco, CA 94105·3901 

## ',- 2 9 \'''' Mr. Wilfred K. Nagamine Manager, Clean Air Branch Hawaii Department ofHealth 919 Ala Moana Blvd., Suite 203 Honolulu, Hawaii 96814 RE: Consent Agreement and Final OrderIssued to Waste Management ofHawaii, Inc. and County ofHawaii Dear Mr. Nagamine: Enclosed for your information is a copy ofthe Compliance Agreement andFinal Order ("CAPO") that commences and concludes the administrative enforcement case, In the Matter of Waste Management ofHawaii, Inc. and County ofHawaii. The CAPO resolves testing and reporting violations ofthe federal landfill regulations at c.P.R. Part 60, Subpart WWW, §§ 60.750-60.759. Pursuant to the terms ofthe CAFO, the Respondents must pay a civil penalty of$134,000 and implement a Supplemental Environmental Project ("SEP") that will address subsurface combustion problems at the Kailua-Kona landfill. The expenditure for the SEP is no less than $184,400. Ifyou wish to discuss this CAFO, please contact Brian Riedel ofthe Office ofRegional Counsel at (415) 972-3924. Sincerely, 

# (VI.

# tAJ~fv, Deborah Jordan Director, Air Division

Enclosure

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### 28 NANCY J. MARVEL, Regional Counsel BRIAN P. RIEDEL, Assistant Regional Counsel Office ofRegional Counsel U.S. Environmental Protection Agency, Region 9 75 Hawthorne Street (ORC-2) (I San Francisco, CA 94105 Phone: (202) 972-3924; Fax: (415) 947-3570

UNITED STATES ENVIRONMENTALPROTECTION AGENCY BEFORETHE ADMINISTRATOR

In the Matter of: Waste Management ofHawaii, Inc. 92-460 Farrington Highway Kapolei, Oahu, Hawaii 96707, and County ofHawaii 25 Aupuni Street Hilo, Hawaii 96720 Respondents, Proceeding under Section 113 of the Clean Air Act, 42 U.S.c. § 7413 Docket No. CAA-09-2008- 

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## 7 CONSENT AGREEMENT AND FINAL ORDER PURSUANTTO 40 c.F.R. §§ 22.13 AND 22.18



### CONSENT AGREEMENT 

### I. JURISDICTION AND AUTHORITY 1. Pursuant to Section 113(d) ofthe Clean Air Act, 42 U.S.c. §§ 7401-7671q ("CAA" or "Act") and 40 c.F.R. §§ 22. 13(b) and 22.18(b) ofthe Consolidated Rules ofPractice Governing the Administrative Assessment ofCivil Penalties, the Director ofthe Air Division ("Complainant"), U.S. Environmental Protection Agency ("EPA"), Region 9, is simultaneously commencing and concluding this proceeding against Waste Management ofHawaii, Inc. ("WMH") and the County ofHawaii ("CH") (collectively, "Respondents") through the filing ofthis Consent Agreement and Final OrderPursuant to 40 C.F.R. §§ 22.13 and 22.18 ("CAFO"). 

### 2. Complainant is duly delegated the authority to file this action and sign a consent

In the Matter of: Waste Management ofHawaii, Inc. and County ofHawaii1 

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### 3. Section 113(d)(l) ofthe Act limits EPA's authority to issue administrative complaints to

. matters where the total penalty sought does not exceed $270,000,1 and the first alleged

date ofviolation occurred no more than 12 months prior to the initiation ofthe action, unless EPA and the Attorney General for the U.S. Department ofJustice ("DOJ")jointly determine that a matter involving a largerpenalty orlonger period ofviolation is appropriate for administrative action. Because this CAPO contains alleged violations that occurred more than 12 months ago, Complainant has obtained the requiredjoint determination from EPA Headquarters and DOJ. 4. This CAPO notifies Respondents ofComplainant's determination that Respondents have violated Section 111 ofthe CAA and 40 C.P.R. §§ 60.757(b) and 60.757(c) at the West Hawaii SanitaryLandfill ("West Hawaii Landfill"). II. 

### STATUTORY AND REGULATORY AUTHORITY 

### 5. Pursuant to Section 111 ofthe Act, EPA promulgated the Standards ofPerformance for Municipal SolidWaste Landfills ("NSPS Subpart WWW" or "Subpart WWW

..).at40 C.F.R. Part 60, SubpartWWW, §§ 60.750

- 60.759, effective March 12, 1996. 6. NSPS SubpartWWW applies to each municipal solid waste landfill ("MSW landfill" or "landfill") that commencedconstruction, reconstruction ormodification on or afterMay 30, 1991. 

### 7. Pursuant to NSPS SubpartWWW, each owner oroperator of an MSW landfill having a design capacity 2.5 million megagrams ("mg") and 2.5 million cubic meters ("m3,,) must calculate its nonmethane organic compounds ("NMOC") emissions potential using procedures specified in.40 C.F.R. § 60.754 and report the results to EPA on an annual basis. See 40 C.F.R. §§ 60.752(b) and 60.757(b). 8. The annual NMOC emission rate report must include all the data, calculations, sample

1As adjusted for inflation under the Debt Collection Improvement Act and implementing regulations at 40 C.F.R. Part 19.

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### 27 28 reports and measurements used to estimate annual emissions. See 40 C.F.R. § 60.757(b)(2). 

### 9. Ifthe calculated NMOC emissions**~** 50 mg/yr, the owner or operator must submit a gas collection and control design plan ("design plan") within 1 year, and install a gas collection and control system ("GCCS") within 30 months ofthe first report indicating emissions**~** 50 mg NMOC/yr, unless the landfill performs site-specific Tier 2 or 3 measurements that show NMOC emissions 

### < 50 mg/yr. See 40 c.F.R. §§ 60.752(b) and 60.757(c). 

### 10. If the calculatedNMOC emissions**~** 50 mg/yr and the owner oroperator elects to performTier 2 NMOC sampling and analysis pursuant to 40 C.F.R. § 60.754(a)(3), a revised NMOC emission rate report, with the recalculated emission rate, based on Tier 2 sampling and analysis, must be submitted to EPA within 180 days ofthe first calculated exceedance of50 mg/yr. See 40 c.F.R. § 60.757(c)(1). II. On January 30, 2006, EPA delegated authority to implement and enforce NSPS Subpart WWW to the State ofHawaii, Department ofHealth. III. GENERAL ALLEGATIONS 12. At all times relevant to this CAFO, WMH was a "corporation," incorporated underthe laws ofDelaware, and CH was a "municipality," and both were "person[s]" within the meaning ofSection 302 ofthe Act. 13. At all times relevant to this CAFO, WMH was the operator and CH was the owner ofthe West Hawaii landfill, an MSW landfill located at 71-1111 Queen Kahumanu Hwy., Waikoloa, on the Island ofHawaii. 14. WMH commenced construction ofthe WestHawaii Landfill on or afterMay 30, 199I. 15. Beginning March 12, 1996, the West Hawaii Landfill became subject to NSPS Subpart WWW. 16. On March 12, 1996, the West Hawaii Landfill had a design capacitythat exceeded 2.5 million mg and 2.5 million m3

. 17. On June 9, 1996, WMH submitted an Initial Design Capacity Report and Initial NMOC

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### 27 28 Emission Rate Report (collectively, "Initial Report") for the West Hawaii Landfill to EPA pursuant to 40 C.F.R. §§ 60.757(a)(1), 60.757(a)(2) and 60.757(b). 18. In the Initial Report for the West Hawaii Landfill, submitted by WMH to EPA on June 9, 1996, Tier 1calculations indicated that the NMOC emission rate 

### < 50 mg/yr. 19. By letterto EPA dated August 29,2005, WMH voluntarily disclosed to EPA that WMH failed to provide annual NMOC reports since 2001 and failed to perform aTier 2 test of NMOC emissions. After EPA review ofWMH's disclosure, EPA concluded that it did not satisfy the conditions ofEPA's "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention ofViolations," 65 Fed. Reg. 19618 (April 11,2000). 20. EPAissued a Finding andNotice ofViolation to Respondents dated April 4, 2006, Docket NumberR9-06-07 ("the NOV"). 21. On April 18,2006,WMH submitted to a Tier 2 Sampling and Analysis Report, and a Fixed Gas Sampling and Analysis report. 

### IV. SPECIFIC ALLEGATIONS 22. WMH orCH was required to submit Annual NMOC Emission Rate Reports for 2001, 2002,2003,2004 and 2005 for the West Hawaii Landfill to EPA on an annual basis. 23. WMH and CHfailed to timely submit Annual NMOC Emission Rate Reports for 2001, 2002,2003,2004 and 2005 for the West Hawaii Landfill to EPA on an annual basis. 24. The failure ofWMH and CHto timely submit Annual NMOC Emission Rate Reports for 2001,2002,2003,2004 and 2005 for the West Hawaii Landfill to EPA on an annual basis constitutes five (5) violations ofSection 111 ofthe Act and 40 C.F.R. §§ 60.757(b). 25. On August 8,2005, WMHcompletedTier 1 calculations for the WestHawaii Landfill that revealed an NMOC emission rate**~** 50 mg/yr in 2002. 26. In April 2006, Tier 2 calculations revealed an NMOC emission rate for the West Hawaii Landfill 

### < 50 Mg/yr in 2002. 27. WMH and CHfailed to submit a revised NMOC emission rate report based on Tier 2 sampling and analysis for the West Hawaii Landfill within 180 days ofJune 9,2002, or byDecember 9,2002.

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### 28 28. WMH and CH also failed to submit a design plan for the West Hawaii Landfill to EPA with one year ofJune 9,2002 orby June 9, 2003, and failed to install a GCCS within 30 months ofJune 9, 2002 orby December 9,2004. 29. The failures ofWMH and CH described in the preceding two paragraphs constitute a violation ofSection 111 ofthe Act and 40 c.F.R. § 60.757(c). 

## V. RESPONDENTS' ADMISSIONS 30. Without trial orlitigation ofthe issues or any adjudication ofthe facts set forth in this CAFO, Respondents (i) admit that EPA hasjurisdiction overthe subject matter ofthis CAFO and over Respondents; (ii) admit the general allegations contained in Section III ofthis CAFO; (iii) neither admit nor deny the specific allegations containedin Section IV ofthis CAFO; (iv) consent to the terms ofthis CAFO, including the assessment ofthe civil administrative penalty under Section VI and implementation ofa Supplemental Environmental Project ("SEP") under Section VII ofthis CAFO; (v) waive any right to contest the allegations in this CAFO; and (vi) waive the right to appeal the proposed final ordercontainedin this CAFO. 

### VI. PENALTY ASSESSMENT 31.· In settlement ofthe violations and facts alleged in Section IV ofthis CAFO, and in consideration ofthe statutory penalty factors set forth in Section l13(e)(1) ofthe CAA, embodied in EPA's Clean Air Act Stationary Source Civil Penalty Policy ("Penalty Policy"), dated October 25, 1991, Respondents shall pay a civil administrative penalty of thirty-three thousand five hundred dollars ($33,500) within 30 calendar days afterthe effective date ofthis CAFO. Payment shall be made by electronic fund transfer ("EFT")

or cashier's orcertified checkpayable to the "Treasury, United States ofAmerica." Payment by EFT shall be transferred to the following address: Federal Reserve Bank ofNew York ABA

## =021030004 Account

## =68010727 SWIFT address 

## =FRNYUS33 33 Liberty Street New York NY 10045 FieldTag 4200 ofthe Fedwire message should read,

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### 28 "D 68010727 Environmental Protection Agency" Payment by cashier's orcertified check shall be sent by certified mail, returnreceipt requested, to the following address: US Environmental Protection Agency Fines and Penalties Cincinnati Finance Center PO Box 979077 St. Louis, MO 63197-9000 The check shall note the case title and docket number. Concurrent with the delivery of payment, Respondents shall send a copy ofthe transfer or checkto the following addresses: Brian P. Riedel Assistant Regional Counsel (ORC-2) U.S. Environmental Protection Agency Region 9 75 Hawthorne Street San Francisco, CA 94105 Regional Hearing Clerk (ORC-l) U.S. Environmental Protection Agency Region 9 75 Hawthorne Street San Francisco, CA 94105

32. Payment ofthe above civil administrative penalty shall not be used byWMHor any other person as a tax deduction from WMH's federal, state, orlocal taxes. 

### VII. SUPPLEMENTAL ENVIRONMENTAL PROJECT A. GeneralDescription 33. Respondents shall cause the completion ofthe following SEP, which the Parties agree is intended to secure significant environmental orpublic health protection and improvements, at the Kailua-Kona Landfill located approximately three miles north of Kailua-Kona on the Island ofHawaii. Respondents shall cause the completion ofthe work described in the attached SEP Workplan, dated March 14,2008, within 16 months ofthe filing date ofthis CAFO. The SEP Workplan describes the following work to be completed at the Kailua-Kona Landfill: a) a screening investigation oflandfill conditions, and b) a demonstration of subsurface fire suppression using fire-retardant foam.

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### 34. Respondents shall expendno less than $184,400 for completion ofthe SEPin accordance with the specifications set forth in the SEPWorkplan. Respondents shall include documentation ofthe expenditures made in connection with the SEP as part ofthe SEP Completion Report. 

### 35. Any expenditures made by WMH in implementing the SEP are, for purposes offederal law, neither tax-deductible expenditures nor eligible to be added to the basis ofassets or property for depreciation purposes. WMH shall not use any expenditure associated with this SEP to obtain favorable federal tax treatment. 

### 36. Each Respondent hereby certifies that, as ofdate ofthis Consent Agreement, it is not required to perform ordevelop the SEPby any federal, state orlocal law orregulation;

. noris itrequired to perform ordevelop the SEP by any other agreement, grant or as

injunctive reliefin this or any othercase. Each Respondent further certifies that it has not received, and is not presently negotiating to receive, credit in any otherenforcement action for the SEP. 37. Any public statement, oral or written, in print, film, orothermedia, made by either Respondent making reference to the SEP shall include the following language, "This project was undertaken in connection with the settlement ofan enforcement action taken by the U.S. Environmental Protection Agency for violations ofthe Clean AirAct." B. SEP Completion Report 38. One orboth Respondents shall submit a SEP Completion Report to EPA within 60 days after completion ofthe SEPrequired in this CAFO. Documentation required underthis Paragraph shall be submitted to the following address: Brian P. Riedel Assistant Regional Counsel (ORC-2) U.S. Environmental Protection Agency Region 9 75 Hawthorne Street San Francisco, CA 94105 39. The SEP Completion Report shall contain the following information: (i) A detailed description ofthe SEP as implemented;

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### 28 (ii) A description ofany operating problems encountered and the solutions thereto; (iii) Itemized costs; (iv) Certification that the SEP has been fully implementedpursuant to the provisions ofthis CAFO; and (v) A briefdescription ofthe environmental and public health benefits resulting from the implementation ofthe SEP (with a quantification ofthe benefits and pollutant reductions, to the extent feasible). 40. In the SEP Completion Report required by this CAFO, the Respondent orRespondents submitting the report shall sign and certify that the information contained in the report is true, accurate, and not misleading by signing the following statement: I certify under penalty oflaw that I have examined and am familiar with the information submitted in this document and all attachments and that, based on myinquiry ofthose individuals immediatelyresponsible for obtaining the information, I believe that the information is true, accurate, and complete. 

## c. EPA Acceptance ofSEP Completion Report 41. After receiving the SEP Completion Report, EPA shall notify Respondents whetherthey have satisfactorily completedthe SEP. IfEPA has identified any deficiencies in the SEP Completion Report, EPA will notify the Respondents, in writing, regarding such deficiencies along with a grant ofan additional thirty (30) days for Respondents to correct any such deficiencies. 42. EPA shall permit Respondents the opportunity to object in writing to the notification of deficiency given pursuant to this Paragraph within ten (10) business days ofreceipt of such notification. EPA andRespondents shall have an additional thirty (30) days from the receipt by EPA ofthe notification ofobjection to reach agreement on changes necessary to the SEP Completion Report and/or to the SEP, as appropriate. Ifagreement cannotbe reached on any such issue within this thirty (30) dayperiod, EPA shall provide

a written statement ofits decision on the adequacy ofSEP Completion Report and/or SEP to Respondents, which decision shall be final and binding upon Respondents. Respondents agree to comply with any requirements imposedbyEPA as a result ofany

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### 27 28 failure to comply with the terms ofthis CAFO. In the event the SEP Completion Report and/or SEP are not completed as contemplated herein, as determined byEPA, stipulated penalties shall be due and payable by Respondents to EPA in accordance with Section VIII ofthis CAFO. 

### VIII. STIPULATED PENALTIES 43. In the event that the full assessed penalty required under Paragraph 31 is not postmarked

on orbefore its due date, Respondents shall immediately pay the full assessed penalty, along with stipulatedpenalties in the amount offifty thousand dollars ($50,000) immediately, plus interest and costs as allowed by law. 

### 44. a. In the event that Respondents fail to comply with any ofthe terms orprovisions ofthis CAFO relating to the performance ofthe SEP and/orto the extent that actual expenditures for the SEP do not equal orexceedthe cost ofthe SEP described in Paragraph 33 above, Respondents shall be liable for stipulated penalties according to the provisions set forth below: (i) Except as provided in subparagraph (ii) immediatelybelow regarding a SEP which has not been completed satisfactorily pursuant to this Consent Agreement, Respondents shall pay a stipulatedpenalty to the United States in the amount of $100,000. (ii) Ifthe SEP is not completed in accordance with this Consent Agreement, butEPA determines that the Respondents A) made good faith and timely efforts to complete the project; and B) certify, with supporting documentation, that at least 90 percent ofthe amount ofmoney which was required to be spent was expended

on the SEP, Respondents shall not be liable for any stipulated penalty with respect to SEP implementation. (iii) Ifthe SEP is completed in accordance with this Consent Agreement, but Respondents spent less than 90 percent ofthe amount ofmoney required to be spent for the project, Respondents shall pay a stipulated penalty to the United States in the amount of$20,000.

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### 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iv) If the SEP is completed in accordance with this Consent Agreement, and Respondents spent at least 90 percent ofthe amount ofmoney required to be spent for the project, Respondents shall not be liable for any stipulatedpenalty with respect to SEP implementation. (v) Forfailure to submitthe SEP Completion Report required by Section VII.B. of this Consent Agreement, Respondents shall pay a stipulatedpenalty in the amount of$1,000 for each day after the due date until the report is submitted. b. The determinations ofwhether the SEP and/or SEP Completion Report have been satisfactorily completed and whetherRespondents has made a good faith, timely effort to implement the SEP and/or SEP Completion Report shall be in the sole discretion ofthe EPA.

c. Respondents shall pay stipulated penalties not more than fifteen (15) business days after receipt ofwritten demandbyEPA for such penalties. Method ofpayment shall be in accordance with the provisions ofParagraph 31 ofthis Consent Agreement. Interest and late charges shall be paid as stated in Paragraph 46 ofthis Consent Agreement. d. Subject to the provisions ofSection IX (Effect ofSettlementlRetention ofRights), nothing in this CAFO shall be construed as prohibiting, altering orin any way limiting the ability ofEPA to seek any other remedies or sanctions available by virtue of Respondents' violation ofthis Agreement orofthe statutes and regulations upon which this Agreement is based, orfor the violation by either orboth Respondent(s) ofany applicable provision oflaw. 45. Additionally, Respondents' failure to pay any ofthe penalty installments by its due date may lead to any or all ofthe following actions:

a. The debt being referred to a creditreporting agency, a collection agency, orthe Department ofJustice for filing ofa collection action in the appropriate United States District Court. 40 C.F.R. §§ 13.13, 13.14 and 13.33. In any such collection action, the validity, amount, and appropriateness ofthe assessed penalty and ofthis CAFO shall not be subject to review.

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### (i.e., the withholding ofmoney payable to the United States to, orheld by the United States for, a person to satisfy the debt the person owes the Government), which includes, but is not limited to, referral to the Internal Revenue Service for offset against income tax refunds. 40 C.F.R. Part 13, Subparts C and H.

c. EPA may (i) suspend orrevoke the licenses orotherprivileges ofeither orboth Respondent(s); (ii) suspend ordisqualify either orboth Respondent(s) from doing business with EPA orengaging in programs EPA sponsors orfunds; (iii) convert the method ofpayment under a grant orcontract from an advanced payment to a reimbursement method; or (iv) revoke a grantee's orcontractor's letter-of-credit. 40 C.F.R. §§ 13.14 and 13.17. 46. In accordance with the Debt Collection Act of 1982, 31 U.S.C. § 3717, and40 C.F.R. Part 13, interest, penalties charges, and administrative costs will be assessed against the outstanding amount that Respondents' owe to EPA for Respondents' failure to pay in full the civil penaltybyits due date. Interest will be assessed at an annual rate that is equal to the rate ofcurrent value offunds to the United States Treasury (i.e., the Treasurytax and loan account rate) as prescribed andpublishedby the secretary ofthe Treasury in the Federal Register and the TreasuryFiscal Requirements Manual Bulletins. 40 c.F.R. § 13.11(a)(1). Penaltycharges will be assessed monthly at a rate of6% per annum. 40 c.F.R. § 13.11(c). Administrative costs for handling and collectingRespondent's overdue debt will bebased on either actual or average cost incurred, and will include both direct and indirect costs. 40 c.F.R. § 13.11(b). In addition, ifthismatteris referred to anotherdepartment or agency (e.g., the Department ofJustice, the Internal Revenue Service), that department or agency may assess its own administrative costs, in addition to EPA's administrative costs, for handling and collecting Respondent's overdue debt. IX. EFFECT OF SETTLEMENTIRETENTION OF RIGHTS 47. In accordance with 40 C.F.R. § 22.18(c), this CAFO only resolves Respondents' liability for federal civil penalties for the violations and facts alleged in this CAFO. Nothing in

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### 26 27 28 this CAFO is intended to or shall be construed to resolve (i) any civil liability for violations ofany provision ofany federal, state, orlocal law, statute, regulation, rule, ordinance, orpennit not alleged in this CAFO; or (ii) any criminal liability. In addition to any other authority, right, orremedy available to EPA, EPA reserves any and all authorities, rights, and remedies available to it (including, but not limited to, injunctive or other equitable relieforcriminal sanctions) to address any violation ofthis CAFO or any violation not alleged in this CAFO. 

### 48. This CAPO does not exempt, relieve, modify, or affect in any way Respondents' duty to comply with all applicable federal, state, and local laws, regulations, rules, ordinance, and pennits. 

# x. FORCEMAJEURE 49. Ifany event occurs which causes ormay cause delays in the completion ofthe SEP as required underthis Consent Agreement, Respondents shall notify Complainant in writing not more than 10 days afterthe delay orRespondents' knowledge ofthe anticipated delay, whicheveris earlier. The notice shall describe in detail the anticipated length of the delay, the precise cause orcauses ofthe delay, the measures taken and to be taken by Respondents to prevent or minimize the delay, and the timetable by which those

measures will be implemented. The Respondents shall adopt all reasonable measures to avoid orminimize any such delay. FailurebyRespondents to comply with the notice requirements ofthis paragraph shall render this paragraph void and no effect as to the particularincident involved and constitute a waiver ofthe Respondents' right to request

an extension ofits obligation underthis Consent Agreement based on such incident. 

### 50. Ifthe parties agree that the delay or anticipated delay in compliance with this Consent Agreement has been orwill be caused bycircumstances entirelybeyond the control of Respondents, the time for performance hereunder may be extended for a period no longer than the delay resulting from such circumstances. In such event, the parties shall stipulate to such extension oftime. 51. In the event that the EPA does not agree that a delay in achieving compliance with the

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### 28 requirements ofthis CAFO has been or will be caused by circumstances beyondthe control ofthe Respondents, EPA will notify Respondents in writing ofits decision and any delays in the completion ofthe SEP shall not be excused. 

### 52. The burden ofproving that any delay is caused by circumstances entirely beyond the control ofthe Respondents shall rest with the Respondents. Increased costs orexpenses associated with the implementation ofthe actions called for by this Consent Agreement shall not, in any event, be a basis for changes in this Consent Agreement orextensions of time underParagraph 50 ofthis CAFO. Delay in achievement ofone interim step shall not necessarilyjustify orexcuse delay in achievement of subsequent steps. XI. ATTORNEYS' FEES AND COSTS 

### 53. Each party shall bearits own attorney's fees, costs, and disbursements incurred in this proceeding, except as provided for elsewhere in this Consent Agreement. XII. EFFECTIVE DATE 54. 

### In accordance with 40 c.F.R. §§ 22.18(b)(3) and 22.31(b), this CAFO shall be effective

on the date that the Final Order contained in this CAFO, having been approved and issuedby either the Regional Judicial Officer orRegional Administrator, is filed. XIII. BINDING EFFECT 

### 55. The undersigned representative ofComplainant and the undersigned representatives of each Respondents each certify that he or she is fully authorized to enterinto the terms and conditions ofthis CAFO and to bindthe party he or she represents to this CAFO. 56. The provisions ofthis CAFO shall apply to and be binding upon Respondents and each of its officers, directors, employees, agents, trustees, servants, authorizedrepresentatives, successors, and assigns. XIV. MISCELLANEOUS 57. 

### In any future enforcement action, any violation alleged in this CAFO may be considered

a "prior violation," as that term is used in the Penalty Policy.

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1 FOR THE UNlTED STATES ENVIRONMENTAL 2 PROTECTION AGENCY, REGION 9: 3 4

### Date1..-~2008 Director, Air Division U.S. Environmental Protection Agency, 

### 6 Region 9 75 Hawthorne Street 7 San Francisco, California 94105 8 PORWASTE MANAGEMENT OF HAWAIT, INC. 9

Date: 1;2-/2008 11 12 13 FORTHE COUNTY OF HAWAll 

### 14 Date: _1_12008



## .. 16 

### 17 18 

### APPROVED AS TO 19 

### fORM**~ND** 

### lEGAUTY: ,

21

# ~OIJI'ISEL cOUNTf OF

### ~A\' 22 'h , ........

## O'1t~~~}_;'ALP -­ 23 24



### 26 27 28 bEBORAHJORDAN

14 In the Matter of: Wa.:;te Management ofHawaii, ,Inc. and County ofHawaii1 2 3 4 5 6 7 8 9 10 

### 11 12 13 14 

### 15 16 17 18 19 

### 20 21 22 23 24 25 

### 26 27 28 FINAL ORDER EPA Region 9, Waste Management ofHawaii, Inc., and the County ofHawaii, having entered into the foregoing Consent Agreement, IT IS HEREBY ORDERED that this Consent Agreement and Final Order Pursuant to 40 C.F.R. §§ 22.13 and 22.18 (Docket No. CAA-09-2008-

## 00)

# Oe1ntered, and Respondents shall pay a civil administrative penalty and cause completion ofthe Supplement

United States Environmental Protection Agency, Region IX 75 Hawthorne Street San Francisco, California 94105-3143 Environmental Project in accordance with the terms set forth in the Consent Agreement. Date: '!:J2.j12008 Steven L. Ja Regional Judicial f' er

In the Matter of: Waste Management ofHawaii, Inc. and County ofHawaii1 

### 2 3 

### 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 

### 22 23 24 25 26 27 28 In the Matter of: Waste Management of Hawaii, Inc. and County of Hawaii



### CERTIFICATE OFSERVICE I certify that the original ofthe foregoing Consent Agreement and Final OrderPursuant to 40 c.F.R. §§ 22.13 and 22.18, Docket No. CAA-09-20089

# ~w~s**~laced** in the United States Mail, certified mail, return receipt requested, addressed to the following persons authorized to receive service ofprocess in this matter: Mr. Andrew M. Kenefick SeniorLegal Counsel Waste Management Western Group Legal Department 801 2nd Avenue, Suite 614 Seattle, W A 98104 Mr. Ivan Torigoe, Esq. County ofHawai'i Office ofthe Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawai'i 96720

Certified Return Receipt No. 7006 2150 0001 4941 1973**~r:p** 

## 2 9 '2f1.'1Q

# BY:cJ(lwf~ E

# {!~**Date:~_l2tJu8'** DANIELLE CARR Regional Hearing Clerk United States Environmental Protection Agency, Region 9 75 Hawthorne Avenue San Francisco, California 94105-3143